Separation/Divorce

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Old Sep 13th 2020, 3:02 am
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Default Separation/Divorce

Hello firstly I’m sorry if I’m posting this in the wrong place!
So I’m a ukc, married Living in California and have my two year green card. I have a daughter from a previous relationship. My marriage is in pieces with abuse involved (sorry I don’t know how much I’m suppose to say). I don’t want to stay in the marriage and need to find an attorney, am I looking for an immigration attorney and whether they specialise in a specific area?
thank you in advance
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Old Sep 13th 2020, 4:57 am
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Default Re: Separation/Divorce

Check out www.ailalawyer.com.

Rene
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Old Sep 13th 2020, 12:27 pm
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Default Re: Separation/Divorce

First off. Protect yourself. Remove yourself and your children from the situation.

Second. Get a divorce lawyer and file for divorce. This is separate from your immigration status.

Third. Deal with immigration later. When does your conditional residence expire? If you have some time, deal with the divorce first.

I have been through the process of a divorce waiver, it is not at all complicated. Retain all paperwork you can of a comingled life. Joint bank statements, bills in both your names, etc.

If will be ok.
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Old Sep 13th 2020, 5:35 pm
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Default Re: Separation/Divorce

It would be a good idea to consult with both a family lawyer and an immigration lawyer. Commonly the recommended courses of action can be interrelated. This can be especially true in cases of abuse.

Fortunately there are many lawyers who practice both family and immigration law. Off the top of my head I know of two excellent lawyers in Southern California who practice in both areas.
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Old Sep 13th 2020, 6:34 pm
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Default Re: Separation/Divorce

I would seek an experienced family lawyer and ask if they work with an immigration attorney that they can recommend. Being in California and close to the border I wouldn't be surprised if this isn't (unfortunately) common.
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Old Sep 13th 2020, 10:37 pm
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Default Re: Separation/Divorce

Do you have any specific immigration issues, you can remove conditions with a Divorce Waiver, you do not need to wait two years
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Old Sep 14th 2020, 2:36 am
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Default Re: Separation/Divorce

My green card expires March 2021. In terms of paperwork my name is on very few things only noticed recently that I’ve been kept out of the loop. My name is only on the rental lease for house, health insurance and house insurance. The car loan is in his name only. I don’t have my name on his bank account.. I have been trying but my motives are getting questioned. I have no access to his money.
Can you advise if I need to try and get my name on more? I don’t have a job and I’m in the process of getting my driver’s license. I don’t know anyone apart from my next door neighbour, is it possible to make a life here for my daughter and I?
Can I even get a divorce in my money situation?

thank you
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Old Sep 14th 2020, 4:14 am
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Default Re: Separation/Divorce

https://www.secondsaturday.com/locat...y-category/ca/
is a good resource.
good luck
x
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Old Sep 14th 2020, 4:24 am
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Default Re: Separation/Divorce

I would not try to get your name on more things now, no. Just collect paper evidence of the things your name is already on.

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Old Sep 14th 2020, 11:26 am
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Default Re: Separation/Divorce

My name is only on the rental lease for house, health insurance and house insurance.
These are good examples. Make sure you get a copy of them. No need to try getting yourself added to anything now, you need to separate yourself from this situation as soon as possible.

If you could advise what State/City you are in (if you feel comfortable doing so) we might be able to provide more directed advice about resources in your area.
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Old Sep 14th 2020, 1:42 pm
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Default Re: Separation/Divorce

Originally Posted by Dabbie
I don’t have a job and I’m in the process of getting my driver’s license. I don’t know anyone apart from my next door neighbour, is it possible to make a life here for my daughter and I?

thank you
This is very much for you to decide -- though it is good that you are getting your license as being able to drive and afford a car is essential in so many parts of the US, though perhaps you have bus service where you live. Do you have family in the UK that would offer a better support system for you and your child? What do you do for a living -- does it translate to the US or would you have a better hope of employment back in the UK? I understand that you have so many thoughts running round your head right now; you might want to sit down with a piece of paper and write down the pros and cons of staying in the US or returning to the UK, in order to help yourself make a decision. Good luck, and stay safe.
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Old Sep 14th 2020, 6:15 pm
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Default Re: Separation/Divorce

Assumes a Court would allow the child out of its jurisdiction.

Removing Conditions with a Divorce Waiver seems pretty straightforward, after all you can cite the non merger of assets etc as justification, can work both ways.
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Old Sep 14th 2020, 6:50 pm
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Default Re: Separation/Divorce

Originally Posted by Boiler
Assumes a Court would allow the child out of its jurisdiction.

Removing Conditions with a Divorce Waiver seems pretty straightforward, after all you can cite the non merger of assets etc as justification, can work both ways.
Even when the child is not the child of the marriage?
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Old Sep 14th 2020, 7:57 pm
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Default Re: Separation/Divorce

Originally Posted by Boiler
Assumes a Court would allow the child out of its jurisdiction.

Removing Conditions with a Divorce Waiver seems pretty straightforward, after all you can cite the non merger of assets etc as justification, can work both ways.
Originally Posted by Nutmegger
Even when the child is not the child of the marriage?
Unless the USC has adopted the child, then the court cannot refuse the child being removed from the current jurisdiction.

I would suggest that the OP make connect with one of the agencies that provide shelter for abused people and children. Plan her get away carefully and secretively and gather any and all previously filed petitions to USCIS and her birth certificate, marriage certificate, etc. if possible proof of any physical and emotional abuse from her spouse.

Once away from him, she can seek legal counsel for her divorce.
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Old Sep 14th 2020, 9:05 pm
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Default Re: Separation/Divorce

Originally Posted by Nutmegger
This is very much for you to decide -- though it is good that you are getting your license as being able to drive and afford a car is essential in so many parts of the US, though perhaps you have bus service where you live. Do you have family in the UK that would offer a better support system for you and your child? What do you do for a living -- does it translate to the US or would you have a better hope of employment back in the UK? I understand that you have so many thoughts running round your head right now; you might want to sit down with a piece of paper and write down the pros and cons of staying in the US or returning to the UK, in order to help yourself make a decision. Good luck, and stay safe.
I second this, I've been here for 13 years and am a citizen now but if something happened to my wife leaving me as a single parent I'd be giving very serious consideration to going back to the UK as I feel being a single parent in the UK is less of a struggle, especially if you have family around to help. Putting an ocean between you and an abusive ex would be another plus.
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